CP violated visitation and is generally un-cooperative and non-communicative. CP violated one visitation and now NCP want to file a contempt motion (A). NCP also intends to file a OSC to modify visitation(B). What are the implications of a strategy of executing A , then B ( Plan A) versus executing B and then ( Plan B).
Will contempt motion first give advantage for OSC outcomes if court finds CP in contempt ?
You likely do not have a lot of choice about the priorities. A Modification of any form of placement, including visitation, is frequently something that goes to trial and may be delayed for a few months. A contempt action is a motion usually heard in a fairly short time from filing and rarely includes oral testimony so it will likely go first.
As to advantage, it may or may not help, depending on what the issues are for the extra visitation.
You ought to have a lawyer representing you and they can give you a better opinion on these two issues.
The court will likely deal with the contempt action first as the OSC would probably elicit statements that may incriminate the party violating the order. However, this is not a guarantee as to the order it would be addressed as more facts are required.
You might be best served in filing the Request for Order to modify custody and visitation and holding off on the contempt. When a contempt action is pending, the opposing party will likely invoke their Fifth Amendment rights to refuse to answer. If this happens, your modification request will be held off until after the contempt action is resolved. A contempt action is a quasi-criminal action, which gives the opposing party different rights than the usual family law case. You should contact a family law attorney to further explore your options.
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